United States District Court, E.D. Louisiana
REPORT AND RECOMMENDATION
WELLS ROBY CHIEF UNITED STATES MAGISTRATE JUDGE
pro se plaintiff, Shawanda Nevers
(“Nevers”), is incarcerated in the Louisiana
Correctional Institute for Women (“LCIW”) in St.
Gabriel, Louisiana. The plaintiff filed this lawsuit pursuant
to 42 U.S.C. § 1983 against the following defendants
each in their official capacity: the Louisiana Department of
Public Safety and Corrections (“DOC”) through
Secretary James M. LeBlanc; Rhett Convington; Warden
Frederick M. Boutte; Deputy Warden Morgan Leblanc; Assistant
Warden Freddie J. Jackson; Assistant Warden Lashawnda Burks;
Assistant Warden Pedascleaux; Colonel Brown; Major Jenkins;
Captain John-Johnson; Lieutenant Lawanda Williams; Lieutenant
Roberson; Sergeant Smith; Ashley Myles; Ms. Hutchinson; Major
White; Captain Murphy; Mr. Coleman; Kaylin Templet-Dedon;
Sgt. Moody; Assistant Warden Jordan; and Debbie
Rutledge. The plaintiff alleges that she has been
harassed, targeted, threatened, and endangered by the named
defendants, who are alleged to be prison staff at LCIW, a
prison under the control of the DOC.
filed the handwritten complaint in narrative form and was
sent a deficiency notice by the Clerk of Court for her
failure to use the Court's preferred § 1983 form and
failure to submit a filing fee or pauper
application. Although Nevers has not corrected the
complaint form, she has submitted a certified pauper
application. For the following reasons, the pauper
motion should be deferred, and the matter transferred to the
United States District Court for the Middle District of
§ 1983 contains no specific venue provision, venue is
determined under the general venue provisions of 28 U.S.C.
§ 1391. See Jones v. Bales, 58 F.R.D. 453
(N.D.Ga. 1972), aff'd, 480 F.2d 805 (5th Cir.
1973). The general venue statute at 28 U.S.C. § 1391(b)
provides as follows:
A civil action may be brought in -- (1) a judicial district
in which any defendant resides, if all defendants are
residents of the State in which the district is located; (2)
a judicial district in which a substantial part of the events
or omissions giving rise to the claim occurred, or a
substantial part of property that is the subject of the
action is situated; or (3) if there is no district in which
an action may otherwise be brought as provided in this
section, any judicial district in which any defendant is
subject to the court's personal jurisdiction with respect
to such action.
provisions of 28 U.S.C. § 1406 allow a court to transfer
a case from a district in which venue is wrong to another
district or division in which venue is proper, if such
transfer is in the interest of justice. See Balawajder v.
Scott, 160 F.3d 1066 (5th Cir. 1998).
plaintiff asserts that her causes of action arose in and the
defendants are employed at LCIW. The defendants and LCIW are
located in St. Gabriel, Louisiana, which is within the
geographical boundaries of Iberville Parish and the United
States District Court for the Middle District of Louisiana.
28 U.S.C. § 98(b). The DOC headquarters and Secretary
LeBlanc can be found in Baton Rouge, Louisiana in East Baton
Rouge Parish, which are also within the Middle District of
Louisiana. The plaintiff does not allege that the defendants
reside in or can be located within this district. The
interest of justice dictates that venue is proper in the
Middle District of Louisiana.
therefore RECOMMENDED that plaintiff s
Motion for Leave to Proceed as a Pauper (Rec. Doc. No. 3) be
DEFERRED and the entire matter
TRANSFERRED to the United States District
Court for the Middle District of Louisiana.
party's failure to file written objections to the
proposed findings, conclusions, and recommendation in a
magistrate judge's report and recommendation
within fourteen (14) days after being served
with a copy shall bar that party, except upon grounds of
plain error, from attacking on appeal the unobjected-to
proposed factual findings and legal conclusions accepted by
the district court, provided that the party has been served
with notice that such ...